Peyroux v. Lacoste

Ilsley. J.

It was held, in the case of John W. Dodd v. Roht. A. Crain and another, 6 Rob. 58, that the only inquiry for this Court, “when an order of seizure and sale is appealed from, is, whether the Judge who issued had sufficient evidence before him to authorize his fiat, ” and concurring, as we do fully, with the opinion thus expressed in that case, we have only now to ascertain if the evidence submitted with the petition to *627the Judge who granted the order of seizure and sale, was, in the present case, what the law required in a proceeding via executiva.

It is urged by the appellant that…